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Labor Relations Issues

Labor Relations Issues. Christopher B. Reich, General Counsel PRINCIPAL DEVELOPMENT ACADEMY December 3, 2012. WCSD Labor Relations Policies. Collective Bargaining Agreements Progressive Discipline Disciplinary Action Conducting Investigations Investigatory / Due Process Meetings.

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Labor Relations Issues

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  1. Labor Relations Issues Christopher B. Reich, General Counsel PRINCIPAL DEVELOPMENT ACADEMY December 3, 2012

  2. WCSD Labor Relations Policies • Collective Bargaining Agreements • Progressive Discipline • Disciplinary Action • Conducting Investigations • Investigatory / Due Process Meetings

  3. Collective Bargaining • NRS Chapter 288 Relations Between Governments and Public Employees

  4. Collective Bargaining …a method of determining conditions of employment by negotiation between representatives of the [District] and employee organizations, entailing a mutual obligation of the [District] and the representative of the local government employees to meet at reasonable times and bargain in good faith with respect to:      1.  Wages, hours and other terms and conditions of employment;      2.  The negotiation of an agreement;      3.  The resolution of any question arising under a negotiated agreement; or      4.  The execution of a written contract incorporating any agreement reached if requested by either party, but this obligation does not compel either party to agree to a proposal or require the making of a concession.

  5. Employee Associations • WEA – Washoe Education Association • WESP – Washoe Education Support Professionals • APTA – Association of Professional and Technical Administrators • WSPA – Washoe School Principals’ Association • WCSPOA – Washoe County School Police Officer’s Association

  6. Progressive Discipline • A process for dealing with job-related behavior that does not meet expected and communicated performance standards. • To assist the employee to understand that a performance problem or opportunity for improvement exists. • The goal is to improve employee performance. • Not intended as a punishment, but to assist the employee to overcome performance problems and satisfy job expectations.

  7. Just Cause • Provides protections against arbitrary or unfair termination and other forms of inappropriate workplace discipline • Burden of Proof is on the employer to sustain an employee’s termination, suspension or other discipline

  8. Just Cause • Generally post-probationary employees may be suspended, demoted, or terminated for just cause. • Supervisors should follow the minimal standards of due process (progressive discipline) and provide cause for the level of discipline administered.

  9. Due Process • A fundamental, constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity to be heard… • Fifth Amendment • Fourteenth Amendment

  10. NRS 391, Personnel • NRS 391.311 – 391.3197, Evaluations of Licensed Personnel; Probationary and Post-Probationary Employment; Disciplinary Action

  11. Personnel Policies & Regulations • Board Policy 4119, Separation of Service • Administrative Regulation 4119, Separation – Licensed Employees • Administrative Regulation 4119.2, Suspension – Licensed Employees • Administrative Regulation 4119.3, Short Term Suspension – Licensed Employee • Administrative Regulation 4119.4, Grounds for Dismissal: Possession of a Weapon on School District Property • Administrative Regulation 4219, Employee Discipline - Classified

  12. Disciplinary Action • Document, Document, Document • FRISK / FICA • Informal: Verbal Notice / Counseling • Written Warning / Written Reprimand • Suspension Without Pay • Demotion: Performance Specific

  13. Disciplinary Action • Termination: • when all else fails • Resignation: • Never Offer / Always Accept

  14. Conducting Investigations and Investigatory / Due Process Meetings • Document • Who, What, Where, When • What did the employee do • What written standard was violated • When in doubt, define the problem then translate problem to expected rule

  15. Weingarten Right • The right of employees to have union representation at investigatory interviews (US Supreme Court, 1975) • An investigatory interview occurs when a supervisor questions an employee to obtain information which could be used as a basis for discipline or asks an employee to defend his or her conduct.

  16. Weingarten Right • The right to be informed, in advance, of the subject matter of possible disciplinary interviews • The right to respond to the allegations • The right to union representation at such an interview

  17. Conducting Investigations and Investigatory / Due Process Meetings • Defamation - False or unjustified injury of the good reputation of another, as by slander or libel • Slander – defamation by oral utterance • Libel – defamation by written or printed words, pictures

  18. When in Doubt, Ask… Office of the General Counsel • Randy Drake, Chief General Counsel • Chris Reich, General Counsel • 348-0300 Office of Human Resources, Labor Relations Department • Virginia Doran • 348-0330

  19. Questions

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